MADHU KUMARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this court with a prayer for directing the concerned respondents for making payment of the arrears of salary of the petitioner for the period from 30.3.2012 to 15.02.2013, which has not been paid, as the petitioner was waiting for posting after Inter-State Mutual Transfer and gave her joining under Director, Primary Education on 30.3.2012 and thereafter the petitioner was posted to the Office of District Superintendent of Education, Ranchi vide order dated 16.02.2013. Further prayer has been made to direct the respondent No. 2 for regularize the services of the petitioner, as the payment for salary of the Waiting for Posting period can only be paid after the service regularization of the petitioner and till date the service of the aforesaid period has not been regularized by the concerned respondent, in spite of several requests & representations.

(2.) The petitioner joined on 209.1994 as Assistant Teacher, Primary School, Mohanpur, Sherghati, Gaya. Thereafter the petitioner was transferred to Primary School, Kanjear, Dobhi, Gaya on 28.01.2008. By the Inter State Mutual Transfer, which was done in light of Section 3 of Bihar Reorganisation Act, 2000 the petitioner was mutually transferred to the State of Jharkhand vide order dated 30th June, 2011, issued from the department of Home (Special) Department, Govt. of Bihar. A letter was issued by Block Education Officer, Dobhi, Gaya to District Programme Officer (Establishment Branch), Gaya dated 14th March, 2012, wherein it was mentioned that as the petitioner has been mutually transferred to the State of Jharkhand vide letter dated 30.6.2011, issued from Home (Special) Department, Govt. of Bihar, as such the petitioner is relieved to join in the transferred State. Thereafter a letter was issued from the Office of District Education Officer, Gaya vide Letter dated 29.03.2012 being Memo No. 405 wherein the petitioner was relieved from the Office of District Education Officer, Gaya and she was directed to join in the Office of Director, Primary Education, Jharkhand, Ranchi on 30.3.201 After the petitioner joined in the office of Director, Primary Education, Jharkhand, at Ranchi the petitioner was regularly attending the said office and was properly obeying the orders of the superior and she was making herself available for the direction given to her and she was performing with the same without any complaint from any corner. A letter was issued, whereby the petitioner along with other similarly situated teachers were given their district posting. It is stated that as the petitioner was given posting at Lohardaga district, she made representation dated 206.2012 to the Director, Primary Education for allotting her the Ranchi district as her husband is also working in Ranchi district. The petitioner gave her representations before the Secretary, Human Resource Development Department, Govt. of Jharkhand on 16th August, 2012 and 22nd December, 2012 with the prayer that she may be given her posting in Ranchi District. Thereafter another letter was issued by which the petitioner along with other teachers were given their new district posting and they were directed to join their respective district, the petitioner was as such allotted Ranchi district.

(3.) Further, the petitioner gave her joining to the District Education Officer, Ranchi on the same date i.e. on 16.02.201 Thereafter District Education Officer, Ranchi by his letter dated 19.02.2013 written to Director, Primary Education, Jharkhand about the Absentee Statement of the petitioner. The petitioner represented before the authorities for regularization of her service for the period from 30.2012 to 15.02.201 The petitioner also gave her representation for payment of arrears of salary from 30.2012 to 15.02.201 The petitioner then received an order on 15.07.2013 issued from the office of District Education Officer, Ranchi where by the petitioner was posted at Middle School, Booty, in Ranchi. Soon thereafter the petitioner gave her joining on 19.07.2013 in compliance of the said order. The Principal-cum-Drawing & Disbursing Authority, Govt. Middle School, Booty, Ranchi wrote to District Education Officer, Ranchi for payment of arrears of salary of the petitioner for the period from 30.2012 to 15.02.201 It was also stated that the service of the petitioner may be regularized and the arrears of salary can be paid to her. The petitioner gave several representations before the respondents for regularization of her services and also for payment of arrears of salary but the same has not been paid to her till date and hence the petitioner has filed this writ application.